The activities of foreign mass media (mass media) in Kazakhstan are regulated by national legislation, which determines the legal status of foreign media, their rights, obligations, accreditation conditions and restrictions. The State seeks to balance freedom of speech and access to international sources of information with the need to protect national sovereignty, information security and prevent destructive influence on society.

Within the framework of the state policy of the Republic of Kazakhstan, the foundations are laid for the formation of a unified information space in Kazakhstan, ensuring information security of individuals, society and the state, forming a democratically oriented mass consciousness, establishing the information services industry, expanding the legal framework for regulating public relations, including those related to the receipt, dissemination and use of information.

The State information policy serves as a tool for strengthening communication between the center and the regions, ensuring the implementation of a unified policy throughout the country.

The legal basis of mass media activity is the Constitution of the Republic of Kazakhstan, which guarantees freedom of opinion, opinions and the right to freely disseminate them, and recognizes ideological and political diversity.

Kazakhstan is of the opinion that ensuring the rights and freedoms of citizens to receive and disseminate information is a necessary condition for building a democratic State. The Republic of Kazakhstan shares Article 9.1 of the Copenhagen Meeting on the Human Dimension Document – «The right to freedom of expression includes freedom to adhere to one's beliefs, as well as freedom to receive and impart information and ideas...»^[156].

Regulatory framework for regulating the activities of foreign media in Kazakhstan.

The legal framework for the activities of foreign mass media includes the Constitution of the Republic of Kazakhstan, the laws «On Mass Media», «On National Security», as well as international agreements and regulations regulating the country's information space.

Constitutional foundations.

The basic principles of freedom of information are enshrined in the Constitution of the Republic of Kazakhstan.

The legal basis of mass media activity is the Constitution of the Republic of Kazakhstan, which guarantees freedom of opinion, opinions and the right to freely disseminate them, and recognizes ideological and political diversity.

Article 20 of the Constitution of the Republic of Kazakhstan prohibits censorship, and everyone has the right to receive and disseminate information in any way that is not prohibited by law. Propaganda or agitation of violent changes to the constitutional order, violation of the integrity of the republic, undermining the security of the state, war, social, racial, national, religious, class and clan superiority, as well as the cult of cruelty and violence are not allowed.

Article 39 allows restrictions on the rights and freedoms of citizens, including in the field of information, if this threatens national security, public order or the rights of other citizens. Any actions that may violate interethnic and interfaith harmony are considered unconstitutional. No form of restriction of the rights and freedoms of citizens for political reasons is allowed. In no case are the rights and freedoms provided for in Articles 11, 13-15, paragraph 1 of Article 16, Article 17, Article 19, Article 22, paragraph 2 of Article 26 of the Constitution of the Republic of Kazakhstan subject to restriction^[157]. These norms allow the State to regulate the activities of foreign media, especially in the context of national security.

Law of the Republic of Kazakhstan “On Mass Media”.

The basic law regulating the activities of all media outlets in Kazakhstan, including foreign ones.

Let's denote the key positions:

Registration of foreign media. Foreign media outlets can work in Kazakhstan only after registering and obtaining permission to distribute content. The State may refuse registration if the media activity violates the laws of the Republic of Kazakhstan.

Accreditation of foreign journalists. All foreign correspondents are required to be accredited by the Ministry of Culture and Information of the Republic of Kazakhstan. In case of violation of the law, the accreditation may be revoked.

Licensing the activities of foreign TV and radio companies. Foreign TV channels must obtain a license to broadcast in Kazakhstan. Government agencies can suspend the broadcast of content if it violates the laws of the Republic of Kazakhstan.

Ban on foreign ownership of media. The share of foreign capital in Kazakhstan's mass media cannot exceed 20%. This restriction is aimed at preventing external influence on the country's information space.

The Law «On National Security».

Defines information security threats and measures to prevent them. The key aspects of this law are: The state has the right to restrict or prohibit the activities of foreign media outlets if their content threatens national security. Introduction of restrictions on broadcasting of foreign channels if they spread extremist ideas, fakes or anti-state propaganda. Control over online media and social networks used by foreign companies.

The Law «On Information Protection». Regulates the procedure for collecting, processing and storing information, including foreign media. It is prohibited to distribute personal data of citizens of Kazakhstan without their consent.

Foreign media cannot publish classified and strategically important information without the permission of government agencies. Content that violates moral norms, state symbols, or discredits the country's leadership may be blocked.

International agreements and obligations of Kazakhstan.

Kazakhstan abides by international norms of freedom of information, but adapts them to national interests. Participation in the OSCE and UN-Kazakhstan recognizes freedom of the press, but regulates it within the framework of national legislation. Cooperation with the SCO and the EAEU – development of joint measures to combat disinformation and cyber threats. Regulation of global digital platforms-Kazakhstan requires Google, Meta (Facebook), TikTok, Telegram and other companies to comply with local laws.

Restrictions and regulation of foreign media activities.

Control over content. The state has the right to restrict or block foreign media if their materials: call for extremism, terrorism and violence, spread fake information that destabilizes society, insult state symbols or violate moral norms and interfere with the internal political processes of Kazakhstan.

Limits on foreign financing. Kazakhstan prohibits direct media funding from abroad to avoid external influence. The state can check sources of funding and block channels with non-transparent sponsors.

Blocking Internet resources. The authorities may restrict access to foreign news sites and platforms if they violate the laws of the Republic of Kazakhstan. Content control is carried out through the National Information Security Coordination Center.

Prospects for the development of legal regulation of foreign mass media in Kazakhstan.

Strengthening state control, introducing new rules for foreign digital platforms, similar to the law on data localization. The government will require the creation of official representative offices in Kazakhstan from companies such as YouTube, Telegram, and TikTok.

In the future, the development of the Kazakh media market will encourage the creation of competitive national media to reduce the influence of foreign sources and maintain quotas for Kazakh content on TV channels and online platforms.

In modern conditions, the legal regulation of foreign media requires the improvement of mechanisms to combat disinformation and the creation of a national monitoring center for fake news, as well as the development of new tools for checking and labeling content distributed through foreign media.

Strengthening cooperation with international IT companies, Kazakhstan will continue to require global platforms to comply with local laws and remove prohibited content. Introduction of requirements for transparency of algorithms of social networks and online resources.

Basic principles of foreign media regulation:

- registration and licensing of foreign mass media;

- accreditation of foreign journalists;

- limitation of foreign media ownership (no more than 20%);

- monitoring the financing of media from abroad;

-fighting disinformation and extremist content.

- blocking resources that violate the law.

In general, the legal regulation of foreign media activities in Kazakhstan is aimed at ensuring information sovereignty, protecting national interests and preventing external interference in the media space. In the future, Kazakhstan will continue to improve its laws in the field of information policy, strengthen control over foreign media, develop national media and integrate into the global digital economy.

 

Control questions

 

1. What is the state information policy and what are its main goals?
2. What principles underlie the state information policy?
3. How is the state information policy regulated in Kazakhstan? Name the key laws and regulations.
4. What are the main system-forming factors that influence the formation of the state's information policy?
5. How is information security related to the state information policy?
6. What methods and tools do the state use to regulate the information space?
7. How does the state deal with disinformation and fake news?
8. What impact do international organizations and digital corporations have on state information policy?
9. How does Kazakhstan regulate the activities of foreign media and digital platforms in its territory?
10. What are the prospects for the development of state information policy in Kazakhstan?

 

Questions for discussion

 

1. What system-forming factors determine the success of the state information policy implementation? What are the main challenges faced by States in implementing it, especially in the context of globalization?
2. How to ensure a balance between the protection of national interests and freedom of speech in the framework of state information policy? What information security tools are most in demand in modern realities?
3. How do the legal norms governing the activities of foreign media in Kazakhstan affect the country's media environment? To what extent can foreign media influence domestic politics and public opinion in Kazakhstan?

 

Case studies

 

Case 1. Fighting fake news.

Situation. In country N, false information about the impending economic crisis and the shortage of goods is actively spreading on social networks. This causes panic among the population: people massively buy basic necessities, which leads to artificial hype and price increases.

Questions for discussion:

- what mechanisms of state information policy can be used to combat disinformation?

- why should the government interact with the media and social networks in this situation?

- what measures can be taken to prevent the spread of fakes in the future?

 

Case 2. Regulation of the activities of foreign digital platforms.

Situation. В Country N found that major international social networks (Facebook, TikTok, Telegram) do not comply with local laws and do not remove content containing extremist materials. The government is considering introducing new requirements for these platforms, including mandatory localization of servers and the opening of official representative offices in Kazakhstan.

Questions for discussion:

- what legal norms regulate the activity of foreign digital platforms in any country of the world?

- why can the state force global IT companies to comply with national legislation?

- what are the pros and cons of introducing strict regulation for the information environment of country N?

 

Case 3. Information security and cyberattacks.

Situation. A major state portal providing electronic public services has been subjected to a cyberattack. As a result, the service was temporarily suspended, and users ' personal data was compromised. This caused discontent among citizens and criticism of government agencies for insufficient data protection.

Questions for discussion:

- what measures should the state information security system take in this situation?

- how can such attacks be prevented in the future?

- what technologies and strategies can be used to improve the cybersecurity of state digital platforms?

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^[156] Nurtazina R. A. The Republic of Kazakhstan: Media and Politics: A Textbook. 2nd ed. – Almaty: «Bastau». – 2014. – pp. 86–87.

^[157] Constitution of the Republic of Kazakhstan https://www.akorda.kz/ru/official_documents/constitution